Terms and Conditions
1.0 – Definitions
Certification shall mean passing the requisite Dynatrace Certification Exam and meeting any other requirements set out in this Agreement for the applicable Certification Program offered by Dynatrace. Dynatrace may offer one or more Certification Programs. Your Certification shall only apply to the application Certification Program in which You have passed the required Certification Exam and paid the applicable fees.
Certification Exam shall mean the examination as determined and administered by Dynatrace that individuals must pass to become Dynatrace certified for the applicable Certification Program.
Certification Program shall mean the certification program(s) as described in this Agreement.
Confidential Information shall mean any information that relates to Dynatrace’s Certification Exam and any information which has not been made available to the general public. Confidential Information, however, does not include information that: (a) is now or subsequently becomes generally available to the public through no fault or breach on the part of you; (b) you can demonstrate to have had rightfully in your possession prior to disclosure to you by Dynatrace; (c) is independently developed by you without the use of any Confidential Information; or (d) you rightfully obtained from a third party who has the right to transfer or disclose it to you without limitation.
1.1 – Modification to Certification Requirements
Dynatrace reserves the right to cancel or change the Certification Program, without cause or notice, including but not limited to adding or deleting available Certifications and modifying certification requirements, recommended training, testing objectives, outlines and exams. Any such cancellation or modification shall not result in a refund of any type. You agree to meet the Certification Program requirements, as changed, as a condition of obtaining and maintaining your Certification.
1.2 – Certification Grant
Upon completion of the applicable Certification Program requirements you are granted a nonexclusive, non-transferable, non-assignable, personal, revocable right to designate Yourself, as applicable, as being “Dynatrace Certified” for the applicable Certification Program. You may use that “Dynatrace Certified” designation only to promote Your qualifications related to the use of the Dynatrace technology and for no other purpose.
1.3 – Logo Rights: and Restrictions
Upon completion of the applicable Certification Program requirements you are granted a nonexclusive, non-transferable, personal right to use the Dynatrace Certification Program logo on Your resume, business cards, marketing collateral, letterhead and website solely in connection with Your provision of services in relation to the Dynatrace product line. You are granted no other right, title, or license to the logo or any other Dynatrace trademarks or logos. You agree that the logo is owned solely and exclusively by Dynatrace. Your use of the Logo is subject to the terms of this Agreement and Dynatrace’s then current logo usage guidelines.
1.4 – Termination
Termination Without Cause. Either party may terminate this Agreement at any time, with or without cause, on thirty (30) calendar day’s prior written notice to the other party.
1.4.1 – Termination for Cause
Dynatrace may immediately terminate this Agreement upon written notice on any of the following events:
– you fail to comply with any applicable Dynatrace Certification Program requirements
– you otherwise fail to comply with any of the terms of this Agreement
– you engaged in unauthorized disclosure of any Confidential Information of Dynatrace
– you engaged in any other activities prohibited by law or that compromises the integrity of Dynatrace Certification Program
1.4.2 – Effects of Termination
In all events of termination of this Agreement, all rights granted to you under the Certification Program are immediately terminated. You will immediately:
– cease all activity relating to the Certification Program
– stop identifying yourself as a participant in the Certification Program
– cease all use of any name or logo and Certification Program benefit
– destroy any associated materials that you have received as part of the Certification Program
If You terminate without cause then all such pre-paid fees shall be forfeited without any further obligation, including but not limited to refund, on the part of Dynatrace.
1.5 – Compliance with Testing Regulations
You agree to:
(i) comply with all testing regulations required by Dynatrace
(ii) not cheat
(iii) not falsify your identity
(iv) not engage in fraudulent conduct
(v) engage in any other misconduct that could be considered by Dynatrace, in its sole discretion, as compromising the integrity, security or confidentiality of the Certification Exam.
1.6 – Confidentiality
The Certification Exam is the confidential property of Dynatrace and is made available to You for the sole purpose of testing your knowledge in the applicable material. You agree:
(i) to hold Confidential Information in confidence and take all reasonable precautions to protect it
(ii) not to use Confidential Information at any time during the term or after the termination of this Agreement; except as provided herein
(iii) that You shall not disclose, publish, reproduce or transmit any Confidential Information to any third party, in any form, including without limitation, verbal, written, electronic or any other means for any purpose
1.7 – Ownership
Dynatrace retains all rights, title and interest in and to all information, content and data contained in the Certification Exam and all copyrights, patent rights, trademark rights and other proprietary rights thereto provided by Dynatrace under this Agreement.
1.8 – No Misuse of the Certification Exam
You agree that You will not copy, publish, offer to sell, sell, publicly perform or display, distribute or otherwise transfer, modify or make derivative works of the Certification Exam.
1.9 – Retake Policy
If you fail the requirements of the applicable Certification Exam, you may retake the exam for a second time, after three (3) business days of original Certification Exam. If you fail the Certification Exam on the second attempt, you may not retry again for fourteen (14) days. You must pay the exam fee for each attempt.
1.10 – Noncompliance
You understand and agree that, if for any reason and at its sole discretion, Dynatrace believes Your Certification Exam result does not accurately reflect Your true knowledge or mastery of the subject matter of the test and/or that You have violated the compliance terms, Dynatrace has the right (without refund of any kind) to deny You any further participation in the Certification Exam, cancel a passed Certification Exam result, revoke any pre-existing Dynatrace Certifications and your Dynatrace Certified status and any other rights previously conferred on you by Dynatrace, and to permanently bar You from any further participation in Dynatrace’s Certification Program.
1.11 – Recertification
An active certification status demonstrates your commitment to maintaining expert level knowledge in the Application Performance Management world. Recertification is an important indicator to IT professionals, their employers and other stakeholders, that you have demonstrated continued competence even as the technology changes in Application Performance Management. Certificate holders are required to continually expand their skills and knowledge and pay for and pass the applicable recertification exam every two (2) years. If you do not recertify, your certification status may be suspended at the sole discretion of Dynatrace and you and your employer will lose the benefits associated with your expert status.
1.12 – Representations and Warranties
You represent and warrant that: (i) You will refrain from any conduct that could reflect unfavorably on or may harm the goodwill and reputation of Dynatrace or its products; and (ii) You shall not make any representation, warranty or promise on behalf of or binding upon Dynatrace. You may not advertise, promote, or suggest in any manner that the services being provided to customers in connection with the logos and names are provided by, sponsored by, or associated with Dynatrace, or that you are employed by, affiliated with, or sponsored by Dynatrace, except to state that you have successfully completed all requirements for the particular Dynatrace Certification Program you have earned, including having passed the applicable Dynatrace Certification Exams, as applicable. You will insert the following language in each contract under which you provide services involving Dynatrace technologies: “Dynatrace is not a party to this Agreement, and will have no liability whatsoever with respect to the services that are the subject of this contract. The Dynatrace Certification indicates that I have successfully completed the corresponding Dynatrace Certification requirements, which reflect commensurate skills required to implement, utilize, support, and maintain solutions with relevant Dynatrace technologies.”
1.13 – Disclaimer
DYNATRACE MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT. DYNATRACE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS.
1.14 – Privacy
1.15 – Indemnification
You agree to indemnify, defend and hold Dynatrace harmless against any losses, liabilities, damages, claims and expenses (including attorneys’ fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against Dynatrace, or its affiliates, officers, employees or assigns, in connection with: (i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You, (ii) Your use of misuse of the Certification Program and/or the logo; (iii) Your use or misuse of Dynatrace’s Confidential Information; and/or (iv) Your breach of any obligations or warranties under this Agreement.
1.16 – Limitation of Liability
You acknowledge and agree that Dynatrace shall have no liability to You for any claim in any way related to the Certification Exam, including but not limited to the accuracy, timeliness or reporting of Certification Exam results.
1.17 – Damages
DYNATRACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, REVENUE, DATA OR USE. DYNATRACE’S LIABILITY FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID TO DYNATRACE UNDER THIS AGREEMENT.
1.18 – Scheduling
You shall have ninety (90) days from the date of payment of the applicable fees to take and pass the required Certification Exam(s). If You have not taken and passed the required Certification Exam(s) within such ninety (90) day period, then all pre-paid fees shall be forfeited without any further obligation, including but not limited to refund, on the part of Dynatrace.
If you reschedule an exam within 24 hours prior to the scheduled exam, a rescheduling fee will be charged. Cancellation of an exam will terminate all rights to reschedule the exam, and fees paid for the exam will not be refunded. If you cancel, and later wish to take the exam, the exam fee must be paid again.